Some legal advice needed please

[lardylumps]

Hi I was wondering if anyone can help me with some legal advice.

In March there was a nasty car accident outside my house. I didn?t see anything but heard it and called 999 for an ambulance and the police (it was clear that at least one person was badly hurt). I didn?t go out and don?t know the persons involved.

I have received a call from a solicitor asking me if I can do a witness statement. I told him that I had not seen the accident but asked him where he got my details from. He said from his client whom I spoke to. I said that I havent spoken to his client and he mumbled oh she must of got it from 999 operator.

I called the control office to ask if they had given my details out as I was worried about my name address and telephone number being given to a third party without my permission and that the only place it could have come from is the control office. They said I had to go back to solicitor and confirm where he got my details from. I did this but he has not called me back, and I am so annoyed that there has been a serious breach of my data protection rights. What if this goes to court and I get threatened?? I know this is not likely but could happen.

What do I do now? no one seems to be interested and I want some answers. What if this had been a violent crime, how dare they give out my details? There is no way that they could have got them another way. My telephone line is not listed to me as it is a work line and my company based in London pay for it. No one around here knows my sir-name, and no one knows I called the police except the police?

Any advice about where I go from here.

my first question to you - did he state which company he was from? i would think that control room staff would not give out details to anyone.

2nd) notify your company head/personnel dept see if they can change your phone number.

3. go see citizens advice or solicitor to find out where you stand legally.

hth x

didn't finish properly sorry.
if he did state which company he was rfom, find their listing, call them and make complaint and keep record of wht was said and who you spoke to you, this will provide records for you sol. ask them questions about his person, it may help if you have a list of the questions you want to ask before you call them.

i am thinking that maybe as part of their case the sols asked for and obtained the emergency services trecords of your call (this would not be unusual, as would show exact time of call etc.....) and that the record (transcript of your call) contained your details (as it would). you need to know name of sols to complain i think....

I have the name of the solicitors and of the guy himself and his telephone number. I have just called him again and he has said that on the claim form his client had put my details down. He has left a message on her phone to call him and will ask her where she got my details from then call me back.

Would the control room give this to her??

it sounds to me as if one party is trying to claim against another party wrt this accident and that he/she is using your name as a "witness" to strengthen their case.

It may have been an incident where it was impossible to opportion blame, and therefore if one party has a witness they may stand to gain from the situation.

It's actually incredibly easy to get hold of someone's personal details. All they would have to do would be to look on the electoral role and find the names associated with the address. then go on to directory enquiries for the telephone number and bingo.

I think it's highly unlikely the 999 operators would give out this information to joe public off the street. Also don't see cause to complain to solicitors as he is only doing his job and is acting off information which he has presumably received in good faith.

I would state to the solicitors though that you did not witness the actual accident and therefore cannot act as a witness in this situation.

Thing that worries me is

A) how do they know I had heard the accidence I didnt go outside the house. They wouldn't even know I was in that day. If they asked all the households why not my partner who is also listed at this address?

B) my telephone number is not listed as it is a work number paid for by my company, I am not on the bills and it is not registered in my name. So no listing at 192.

hello, i might be able to help - but could be barking up wrong tree. I work in magistrates court so see how the "system" works with regard to witnesses for any case.

when someone is taken to court for any offence, they get given a bundle of all statements which the police intend to use to make a case against them, for example, they will, in this case, have a statement from the man who was crashed into, the police officer who attended etc etc.

any witness who does not assist the police but who may or may not assist the defendant (driver) is tendered to the defence, this means their details (but not necessarilty their statements) are given to the defence for the defence to decide whether they will use them at any trial. So your details would have been passed onto defence by police (probably because the police dont think you add anything to their case) and the defence have now contacted you to get a stetement from you, and if your statement matches that of the defendant then they could ask you if you would be witness for them.

does this make sense? I'm only giving you an idea of how it works within the court system, and of course its onyl one of possibly many ways that your details could have been passed on.

Can't help with data protection issues though, sorry.